Elected representatives, CSOs censure amendment in KP LG system, rendering local councils non-functional

PESHAWAR, Sep 18 (APP):Elected local representatives and civil society organizations have unanimously condemned recent amendment to the Khyber Pakhtunkhwa Local Government Act 2025, arguing the change has rendered elected councils non-functional and crippled public service delivery.

“This amendment is a direct attempt to usurp the power of legally active councils who have a mandate until mid-2026,” said Taimur Kamal, a member of the Local Council Association Khyber Pakhtunkhwa.

Kamal explained that the recent changes seek to re-impose the controversial KP Local Government (Amendment) Act, 2022, which the PHC had declared unconstitutional in a landmark judgement on May 23, 2025.

The PHC also directed for restoration of LG Government Act of 2013 and amended Act of 2019, Taimur added.

That 2022 law had removed the explicitly defined powers of mayors and chairmen from the main statute, replacing them with a vague clause stating their authority would be “as may be prescribed by rules, a move critics say made elected leaders subservient to the provincial executive.

This was a clear attempt to make the authority of elected leaders contingent on the discretion of the provincial executive, Taimur opined.

“The elected councils are practically made redundant by formation of District Advisory Development Committee (DADC) which has taken over control of the development funds from policy preparations to implementation of schemes,” observed Kaflan Khattak, Consultant on Local Government System with Blue Veins organization.

DDAC is headed by a Member of Provincial Assembly who utilizes development fund of local council on his discretion, ignoring elected representatives of civic bodies.

Kaflan said the Provincial Finance Commission is dormant for the last several years, restricting flow of development fund at the gross root level.

He blamed that PTI chief Imran Khan has always advocated for an effective local bodies system, but his party leaders have rendered a progressive and formula based LG system as ineffective by bringing legal restrictions in its operation.

On one hand claims are made that KP government has reserved funds of Rs. 190 millino on which around Rs. 2.5 billion interest is generated on monthly basis, but on the other hand funds are not allocated for Provincial Finance Commission (PFC), depriving thousands of employees of Local Government departments from monthly salaries and pensions, Kaflan added.

“Khyber Pakhtunkhwa has historically been at the forefront of local governance reforms, particularly after the 18th Constitutional Amendment, which mandated devolution through Article 140-A [1].  The Pakistan Tehreek-e-Insaf (PTI), which has governed the province for an extended period, has championed these reforms in principle, yet its actions have often contradicted this stated commitment,” said Zia-ur-Reham, Chief Executive Awaz-CDS Pakistan and Chairperson Pakistan Development Alliance (PDA), a natinoal coalition of more than 100 civil society organizations.

Zia informed that PDA recently released a White Paper on Local Governance system in KP, uncovering a deep institutional contradiction in the system.

The White Paper, titled as`The Pioneer’s Paradox’, finds that despite having a progressive, formula-based financing system on paper, the province’s elected local governments are systematically stripped of power by parallel political structures controlled by provincial and national lawmakers.

In the White paper, PDA outlines key recommendations to restore powers of elected Local Governments.

These recommendations include repealing or amending the DDAC (Amendment) Act of 2024 to revert the body to a purely advisory role, ensuring funds are controlled by elected local councils.

The provincial government must hold local government elections without delay to fill the vacuum created by the 2024 dissolution.

Similarly, all funds allocated for districts via the PFC must be transferred to a discretionary budget controlled by elected Tehsil councils.

The KP Local Government Act must be fully operationalized through the immediate notification of all pending Rules of business.

Create an independent local government cadre to build institutional capacity and ensure professional service delivery.

Zia urges provincial government to immediately and fully comply with the Peshawar High Court’s judgment of May 23, 2025, which declared the 2022 amendments unconstitutional.

This requires the full transfer of all administrative powers and functions to mayors and chairmen as they are defined in the Primary Local Government Act, not as dictated by discretionary rules, he added.